Four Seasons @South Brunswick
A Clarification on Adult Communities
BY DOUGLAS M. TOMSON
...age-restricted communities cannot prohibit the sale of a home based on the owner’s age.
| September/October 2017
Realtors® have noticed many age- restricted communities preventing the sale of a home to anyone below the acceptable age, even if the buyer indicates he or she will not live in the home being purchased. For example, the bylaws of an age- restricted community may prohibit the sale of a home to a child buying a home for their parents, which is contradictory to state and federal laws.
New Jersey Realtors® sought clarification from the DCA as to whether age-restricted communities, through their bylaws, can prohibit the sale of a home based on age, even when it is certified that someone over the applicable age will reside in the unit, or if by prohibiting such a sale, an age-restricted community is violating federal and/or state law. The DCA’s response yielded the results we expected.
In a formal letter, the DCA commissioner stated “both federal and state laws limit the age of the occupants of the home in age-restricted communities, not the age of the owner of the home. Therefore, age-restricted communities cannot prohibit the sale of a home based on the owner’s age. However, they may require an owner or purchaser to certify that the units will be occupied by a person that meets the age restriction.”
As the leading advocate for homeowners and private property rights in the state, New Jersey Realtors® is pleased to have received clarification that age- restricted communities cannot limit the ownership of homes to those over the applicable age.
For additional resources and to learn more about New Jersey Realtors® Government Affairs issues, visit: njrealtor.com/government-affairs.
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